Amputations and Traumatic Accidents

Amputations and Traumatic Accidents

Mar 09

Amputation is the removal of a limb. It can be a necessary process in traumatic accidents, dangerous health conditions, and surgeries, to prevent further complications and the like. Even though it may be necessary, it does not change the fact that you will have dramatic changes in your life because of it, especially if the amputated area is a significant part of the body, such as an arm and a leg.

There are also instances where amputation occurs because of the fault of someone else, and that is just unacceptable. According to the website of the Amerio Law Firm, victims of amputations and other serious injuries have legal options to pursue against negligent parties who have caused them.

Common Accidents That Cause Amputations
Traffic Accidents: Accidents on the road, whether you are a driver, motorcyclists, or pedestrian, may have enough force to end up in amputation. For example, if a part of the victim’s body has been pinned in a vehicle, that part of the body may be required to be amputated to save the victim. There are times where body parts are also damaged enough to require the same procedure.

Workplace Accidents: This is especially true for work spaces with dangerous conditions, such as construction sites and factories. The lack of safety equipment, disregard for safety procedures, and defective tools, equipment, and heavy machines, are some of the most common causes of amputations in the workplace.

Explosions: Firearms, fireworks, and other catalysts of fire and explosions are also known to cause amputations, particularly in the hand and foot areas of the victims. The most vulnerable people are those from the military, police force, and construction industries.

Crushing Accidents: Accidents that may cause crushing injuries can also end up in amputations. Examples include falling objects, especially those from considerable heights, building collapses, and defective doors and windows.

Factors that Help Courts Determine Who Shall be Awarded Child Custody

Factors that Help Courts Determine Who Shall be Awarded Child Custody

Dec 29

The close of the nineteenth century saw how courts awarded custody of a child to fathers after divorce. This was due to the Property Law and inheritance issues in effect and observed during those times. The way how courts perceived who was more capable of providing children’s needs, however, changed at the start of the twentieth century, resulting to the transfer of custodial right to mothers, naturally the better caretakers of young children. This position of the courts became the basis of “The Tender Years Doctrine,” which was observed up to the 1970s. Today, though some courts automatically award custody to mothers, many others no longer see father or mother as having the sole right for custodianship. If the court finds both spouses fit to care for their child, then the court will never deny the child the love and care of both parents. This is because courts know and believe that the care and love that can be provided by both parents are essential in the growth and development of their child. Thus, many courts now decide on joint legal and physical custody, giving both parents equal time and rights over the care and concern of their child. Under the joint custody ruling, a child may also decide to reside with one parent or may move from one parent’s residence to another.

Joint custody is usually the decision unless it can be proven that one parent is unfit or is not responsible enough to care for his/her child. Being an unfit parent can be due to a variety of different reasons, like: a medical condition that would render a parent incapable of providing the amount of care and attention the child/children need/s; abusive parental behavior (physical and/or verbal abuse); a parent being an alcohol and/or drug dependent; a parent exposing his/her child to pornographic elements and/or illegal activities; abandonment of the child; or, use of excessive, unnecessary forms of discipline.

If any of the above is found in both parents, then the court can choose to award child custody to a grandparent or a court-appointed caretaker. If only one parent is considered unfit, then the court may choose to decide on sole custody, awarding custodianship to the parent who has the capability to provide the child’s needs.

Some states consider different factors when resolving the issue of child custody. One underlying factor, however, which remains the same no matter in which state one resides is “the best interest of the child.” States include the following as falling within the scope of “in the best interest of the child”:

  • The child’s gender and age;
  • The amount of involvement each parent has in activities participated in by the child;
  • The parents’ level of relationship with the child;
  • The health risks and safety of the environment where each parent lives; and,
  • The lifestyle, stability, and health of each parent as these can affect a child’s academic performance.

As mentioned in the website of law firm Kirker Davis, LLP, in the state of Texas, for example, courts determine custodianship or conservatorship of a child using the following standards: (i) assurance that the child will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (ii) provision of a safe, stable, and non-violent environment for the child; and, (iii) encouragement of parents to share in the rights and duties of raising their child even after they have separated or dissolved their marriage.

Contract: A Basic Essential in Businesses

Contract: A Basic Essential in Businesses

Dec 01

Starting a business requires so much planning and legal concerns. These are always complicated and, with the many different types of business entities one can venture into, it means different sets of laws (for each type of business) and contracts that one also needs to understand.

Outlining a plan that will help you decide exactly what type of firm you would like to start can be accomplished with greater accuracy and clarity when you are assisted by business attorneys who are experts when it concerns business formation, contracts and all other legal matters, such as ownership, operation and company debts, taxes and liabilities.

Whether it is a privately-owned firm that you would want to put up, a partnership with limited liability, a C-corporation or an S-corporation, a business attorney is your best guide in understanding all the complicated business concerns

One of the basic essentials when venturing into business is the contract, a document which outlines the agreement entered into by business partners, vendors and purchasers, employer and employee and others; it also speaks about the various aspects of business operation, like shareholding options, mergers and acquisition, licensing and distribution agreements, trademark or copyright and trade secrets. The contract also speaks about the extent and limitation of the relationship between contracting parties, stating in detail the rights and duties of each party, and the possible consequences and resolutions to be adopted in the event of failure to abide by any of its contents.

To ensure the success of your business it is, therefore, important that the right contract is drafted; one that will easily settle any form of dispute between contracting parties. Since drafting a contract is not a simple task, it is best that you get the services of business attorneys, whose knowledge on business law is extensive and can be relied upon.

According to Houston business attorneys, business contracts are just about as fundamental to the way goods and services are exchanged, but when disputes between contractual partners occur, this can have the potential to significantly affect the future of either involved party. As such, you will need to do everything you can to protect your interests during the coming legal process.

What Are The Available Damages In A Taxotere Lawsuit?

What Are The Available Damages In A Taxotere Lawsuit?

Oct 23

Taxotere is a chemotherapy drug manufactured by French pharmaceutical company Sanofi Aventis. It was approved by the US Food and Drug Administration in 1992. Although mostly used for treating breast cancer patients, the drug can also be used for neck, head, or prostate cancer. However, it is not recommended for pregnant women since it may harm the fetus. Recently, however, Saanofi has been the subject of several lawsuits for its non-disclosure of a severe side effect – permanent alopecia.

While hair loss is commonly one of the side effects of chemotherapy, this is only temporary and the hair may grow back. The website of Williams Kherkher revealed that most of the women who used taxotere have reported no hair growth even up to a period of ten years. Worst is that the loss can affect even the eyelashes, eyebrows, scalp and body. Most of the patients consider this is a disfigurement that can have an impact on the quality of their lives.
The sad fact is that it was only in December 2015 that the FDA issued a warning about the risks of permanent alopecia on the users of taxotere. By this time, most of the patients have already suffered much from the negligence of its manufacturer. The good news is that patients can make the responsible parties liable for the injuries they have incurred. They may be able to recover damages and get the following compensation:

  • Psychological Damage
  • Emotional Injuries
  • Medical Expenses
  • Lost Wages

To be able to get compensated, you need to file a dangerous drug case in the soonest time possible. Your case might be consolidated with other lawsuits in a multidistrict litigation. This may entitle you to receive a settlement of the case and awarded damages based on the agreement between the court and the manufacturer.

The Benefits of Assessment Centers Revealed

The Benefits of Assessment Centers Revealed

Sep 13

Recruitment and selection is an important process that every business should undertake. Traditionally, the job applicant will undergo a series of tests, get interviewed, and if lucky, hired by the recruiter. Unfortunately, there is no assurance that the newly hired was indeed the right candidate to fill up the vacant position. There is proof that the traditional method of hiring a prospective employee lacks credibility. The fact that the interviewer relies on their gut feel already puts their decision in doubt.

This is where an assessment center can come in handy. Whereas the traditional interviewer does not have formal training on conducting interviews, assessment centers specialize on recruitment and selection. At the same time, they bring objectivity to the selection process. In addition, these methods of hiring prospective employees deliver reliability when it comes to assessing the qualification of a candidate.

Assessment centers utilize a wide range of techniques in order to judge the fitness of a candidate in the job they are applying for. Some of the techniques may include functional employment testing, competency-based interviewing, psychometrics, situational judgment tests, and others. Interviews alone can be as low as 15% accurate while using multiple tests in selecting the right candidate increases accuracy by more than 60%.

A major benefit of assessment centers is that more than one person assesses the job applicant. This makes the decision making process more open and objective. Aside from that, it allows management to gauge both current and future job performance. It also provides the recruiter with an opportunity to differentiate one candidate from another and determine the fit applicant for the position. With assessment centers, organizations can save on recruitment and selection costs.

While there are some pitfalls associated with assessment centers, the benefits far outweigh the liabilities. So it is high time to evaluate your recruitment and selection process and let the experts do the choosing for you.